Bats face housing crisis
- Save our Schools
- Apr 11, 2024
- 2 min read
In the UK, bats are protected under various laws and regulations due to their declining populations and ecological importance. The primary legislation protecting bats is the Wildlife and Countryside Act 1981, which makes it illegal to intentionally or recklessly disturb, injure, or kill bats, as well as to damage or destroy their roosts.
Additionally, the Conservation of Habitats and Species Regulations 2017 also provide protection to bats by designating certain areas as Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) where bats are found.
If the council and contractors were to disturb the bats without the necessary licence, they could face serious legal consequences, including fines and even imprisonment. This is because disturbing bats or their roosts without a licence is a criminal offense in the UK. The licensing process is in place to ensure that any disturbance to bats is carried out in a way that minimizes harm to the animals and their habitats.
Without a licence, the council would be in breach of the law, and could face enforcement action from relevant authorities in the area. This could result in legal proceedings and significant financial penalties.
It's important for the council to adhere to the legal requirements and obtain the necessary licence before carrying out any demolition work that could potentially disturb bats or their roosts. This ensures that the bats are protected and their conservation is taken into consideration during the demolition process.
The council has previously stated in the planning determination process that:
“The bats will be removed by a licensed bat handler by May 1st.”
However, when we approached Natural Resources Wales (NRW), we were informed:
“NRW has received a licence application to disturb bats and damage/destroy their breeding sites or resting places to facilitate demolition of Godrergraig Primary School. This application is yet to be assessed or determined.”
Additionally, NRW clarified:
“When we assess the application, we will have to be sure that there is enough evidence to demonstrate a risk to public health/safety. This may be in the form of a risk assessment or structural report undertaken by a professional. Without evidence of a risk to public health/safety, we are unable to grant a licence.”
Throughout the process of closing the school or demolishing the building, the council has not stated any risk to public health/safety due to the building. Publicly, they have only expressed concerns about vandalism. In fact, their planning application to demolish the site stated: \
“Demolition is requested before the building becomes dilapidated.”
We are actively seeking information from NRW regarding the application, while also providing them with documentation gathered via FOI requests. NRW has emphasized that any work potentially disturbing the bats before the licence is granted and the bats are removed would be illegal and should be reported to the police.
Unfortunately the council think these rules do not apply to them. We highlighted disturbance to bats and owls when they were developing the Ystalyfera School fields, they sent someone to do a survey out of season (there is a set period to do this), they said there were no bats. However, I was outside when they did the survey and I saw quite a few. I did inform them they had conducted the survey out of season, but they did not repeat it and the bats and owls disappeared for a few years as their fences disturbed their flight path.